Graphic Packaging International Australia Converting Ltd

[2022] FWCA 682

[2022] FWCA 682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graphic Packaging International Australia Converting Ltd

(AG2022/137)

Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2021

Graphic Arts
COMMISSIONER O'NEILL	MELBOURNE, 28 FEBRUARY 2022

Application for approval of the Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2021

1. Graphic Packaging International Australia Converting Ltd has applied for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 24 – Personal Leave; and

·           Clause 25 – Compassionate Leave.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515133  PR738734>

Annexure A